Valreddi Thrinadham v. Sri Varaha Lakshmi Narasimha Swami Vari Devasthanam, Simhachalam

Sri Varaha Lakshmi Narasimha Swami Vari Devasthanam, Simhachalam, rep. by its Executive Officer … RESPONDENT(S) HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.9119 of 2010 ORDER: Heard Sri V.V.N.Narasimham, learned counsel petitioner, and Sri V.Venu Gopala Rao, learned Standing Counsel for the respondent-Devasthanam. At their request the Writ Petition is being disposed of at the stage of admission. The petitioner is aggrieved by the action of the respondent in seeking to demolish and dispossess the petitioner from his property. It is his case that he is the owner and possessor of house site of an extent of 177 Sq. Yards situated at Sy.No.141 of Vepagunta Village in Pendurthy Mandal, Visakhapatnam, having purchased it by way of registered sale deed from his vendor who the petitioner claims was the absolute owner of the property. The petitioner would contend that he had sought permission from the Gram Panchayat for construction of a house, and that permission was accorded on 04.03.1997.

It would suffice, for the purpose of disposal of this Writ Petition, to note that the petitioner had received a notice dated 11.02.2010 from the respondent informing him that he was in unauthorized occupation of the property; he would be termed as an encroacher under the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1987 (hereinafter referred to as ‘Act 30 of 1987’); and he should handover possession of the property within 15 days of receipt of the notice failing which proceedings under Section 83 of Act 30 of 1987 would be initiated against him. The petitioner would also state that the respondents had visited his house on 16.04.2010, had informed him that he would be dispossessed from the property as a notice had already been served upon him and it was after a lot of persuasion from his side that they left the place informing him that they would visit again and demolish the property.

Both counsel would agree that the subject matter of this Writ Petition is covered by an order of this Court in W.P.No.2349 of 2010 dated 08.02.2010. Following the said judgment, this Writ Petition is disposed of directing the respondent not to forcibly evict/ demolish the structures, if any, on the property mentioned in the impugned notice dated 11.02.2010 except in accordance with the procedure prescribed in Section 83 of Act 30 of 1987. The Writ Petition is, accordingly, disposed of. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN,J 22nd April 2010 CVRK